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Home My WebLink About910405.tiff �y 1 K m . .. . MA .. pi ii eEe» ra"�`sg C2E waaaI 5 x4z H;;E, 4;L -g, ogs ° 4 � As2 . 9 9 .. ., o 0 5 ygk . 20 ey who�Q °m P 1� N _:°z e ! s" a qe" _ a; E- ay f:'5. .$"E"QV c`2 s E2 °g� a° s � x°Ni! F� as E 9= s. God"® a aaaE a kis� m ,192 algstol i s3; _ �a fh _ y3 'E yL !:! a55pm'm -5E= .a58 E aae 'ri iW Gy: ° 2 �.'. E 'g�. c S5 °, oy;�"s "D S'5n' ;f� C "E'0 `' L 122 7 i Eg `o o°io � a" .E 5E �'.J °` 2m ° a m` 'G d,� e"g 6 LL9. _ g �2 .. AEB� 5^ y.8 ^5, " d oA ''2" rt=g ^E °Akt u3Q s ,t,."°. 6 a < "L &°^ Eh E g.. 0. a ygq: tee` o Cs £ tT F u°' B g °529° 9W E. ' o, ^` E� 2WaEE 12:4: 2 .2Sdg" 8 ^R4' �k 8$E S" 30"oil E E a"q A 3 0m aE Ey Z� C. tE "^ ;.-t rA N 2g E> E `V 6 0x N w ?�",� r, u A55 5 A 5 i�'^ !S gge x5 �g.01 „L;$"d Lt' LL Egg^ o °�� 04a a^ CC " n o " Pt9 " Lt' ..rq0 t !E: E K�"`E8 n< m• M. ;;. _ 3<a d €.^�. 5iia w`°: <. 44i 45 88e°. 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STUTZMAN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of May, 1991, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Timothy J. and Lana J. Stutzman, 2107 50th Avenue, Greeley, Colorado 80634, for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility on the following described real estate, to-wit: Part of the NE/4 SE/4, Section 23, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Bruce Johnson, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies and the Agricultural Goals and Policies. The Weld County Comprehensive Plan Urban Growth Boundary Goals and Policies encourage development to concentrate adjacent to existing municipalities and to be encouraged as long as the development conforms to the desires of the municipality. This proposal is within 1/4 mile of the Town of Windsor and the Windsor Planning Commission reviewed this request on March 18 and found no objections to this proposal. This proposal is within 2 miles of the City of Greeley and the Greeley Planning 910405 PL0836 r Page 2 RE: USR - STUTZMAN Commission reviewed this request on April 9 and, with conditions, found no objection to the proposal. The Agricultural Goals and Policies of the Weld County Comprehensive Plan encourage development of commercial and industrial uses directly dependent upon the agricultural industry in areas that minimize the removal of productive agricultural land from production. The location of the Special Review Permit site and the attached Conditions and Development Standards will ensure consistency with the goals and policies of the Weld County Comprehensive Plan. b. The proposal is consistent with the intent of the Agricultural Zone District and, as an agricultural service establishment, is provided for as a Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. Surrounding land uses include Highway 392, metal container plant, Kodak, rural residences, and agricultural production. Conditions of Approval and Development Standards will ensure compatibility with these uses. d. No overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 910405 Page 3 RE: USR - STUTZMAN 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review plat, the plat shall be amended to show a 50-foot right-of-way reservation from the centerline of Weld County Road 23. 4. An I.S.D.S. Evaluation shall be performed by the Weld County Health Department on any existing septic systems prior to issuing the required septic permits. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D. , 1991. Maj7 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, CO DO Weld County Clerk to the Board Gordon E. a , Cha rm /J Deputy C erk to the Board Geo a Kennedy, Pro-Tem APPROVED A FORM: onstance L. Harber County Attorney C. W. Kirby sup a)22),- W. H. Webs er 910405 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TIMOTHY J. AND LANA J. STUTZMAN USR-942 1. The Site Specific Development Plan and Special Review Permit is for an agricultural service establishment to include farm equipment sales, repair and an implement air cooler assembly facility in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. No outside storage of materials shall be allowed on the Special Review site. 4. Welding operations shall be separated from the office/public areas by a one-hour occupancy separation. 5. All publicly accessible areas shall comply with the handicapped provisions of the Uniform Building Code. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, CRS. 11. Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system for the proposed facility shall be installed and maintained according to the Weld County Individual Sewage Disposal Regulations. 12. The property shall be maintained in compliance with Superfund Amendment and Re-authorization Act (S.A.R.A. ) Title III. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 910405 Page 2 RE: DEVELOPMENT STANDARDS - STUTZMAN 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 910405 HEARING CERTIFICATION DOCKET N0. 91-26 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT TO INCLUDE FARM EQUIPMENT SALES, REPAIR, AND AN IMPLEMENT AIR COOLER ASSEMBLY FACILITY - TIMOTHY J. AND LANA J. STUTZMAN A public hearing was conducted on May 8, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated April 22, 1991, and duly published April 25, 1991, in The New News, a public hearing was conducted to consider the request of Timothy J. and Lana J. Stutzman for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, recommended the favorable Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Bruce Johnson, representing the applicant, stated they were agreeable to this. In response to the Board's questions, Mr. Johnson said the majority of the sales would be off site; the name of the business would be Farmco and/or Byco Corporation; and the septic system is available for public use. He also said the Conditions of Approval and Development Standards were agreeable. There was no public testimony offered concerning said matter. Commissioner Kirby questioned the size of the site. Mr. Johnson said the proposed site is 2-1/2 to 3 acres, but it is not separated from the farm, which is 203 total acres. Commissioner Harbert moved to approve the request of Timothy J. and Lana J. Stutzman for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility, based on the recommendation of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Webster, and carried unanimously. 910405 Page 2 RE: HEARING CERTIFICATION - STUTZMAN This Certification was approved on the 13th day of May, 1991. APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS Likil/aida4e4 WELD COUNTY OLORADO Weld County Clerk to the Board By: �y�p {��/ Gord . L airman eputy Clerk to the Bo� ' Otinr— Geo ge Kennedy, Pro-Tem TAPE 491-10 Constance L. Harbert DOCKET 491-26 y r I �f/ C. W. Kirb,,�y++ g PL0836 /�j rtifi /�� W. H. Web ter 910405 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF MAY ' 1991 : DOCKET # 91-24 - DYER, WENDY A. - USR DOCKET # 91-26 - STUTZMAN, TIMOTHY J. AND LANA J. - USR DOCKET # 91-28 - 83RD AVENUE LOCAL IMPROVEMENT DISTRICT DOCKET # DOCKET # PLEASE write or print your name legibly, your address and the DOC # (as listed above) or the name of the applicant of the hearing you are attending. . NAME ADDRESS HEARING ATTENDING Si-1.424-0_91trot„stA"--- gtif gitLii#22C) artidirt47kAAilri 104'3S PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on May 8, 1991, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Timothy J. and Lana J. Stutzman 2107 50th Avenue Greeley, Colorado 80634 LEGAL DESCRIPTION: Part of the NE/4 SE/4 of Section 23, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility SIZE OF PARCEL: 3 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TOO// THE BOARD BY: 1/4-Skti4/� "/t/I//u) Deputy ylerk to the Board PUBLISHED: May 23, 1991, in The New News 910405 STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David B. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed PUBLIC NOTTCE notice; that said newspaper is a The Board of county newspaper within the meaning of the Corrado, noners a Weld coanA Colorado. rs May e. 1 act of the General Assembly of the eoodrtioneRr approves a stt� flc Development Plan ana the State of Colorado,, entitled "An Act ppo�wilvad cd�t fb Condifronel approust of oust to regulate the printing of legal creates a vmTed propertyy, naht pursuant to Article for of Brio 2f notices and advertisements, " and C.R.s.,as amended fora period of amendments thereto; that the notice AP`eyyrr I'I.ICAN S Timothy J. and Lana , Statzmal Colorado 50th of which the annexed is a printed Avenge, SCco ON: Part copy taken from said newspaper, was mcNE/4 S Greeley,oSection`t23, Township 6 North, pan¢a 67 West published in said newspaper, and in of the 6th P,M. Weld County, do the regular and entire issue of ,CoYPE t AND INTENSITY OF APPROVED USE: M agregig every number thereof , service epmentlanent W'ir, and farm equipment,sales repair, and fa implement air cooler assembly once a week for t SIZE OF PARCEL: 3 acres, more or less successive weeks; that said notice Failure to abide by the terms and was so published in said newspaper in ahfforfeituref 01ofaltiar�ted property right. proper and not in any supplement BOARD OF COUNTY COMMISSIRS thereof , and that the first WELD COUNTY,COLORADO publication of said notice as s CLEERNEto�BOARD aforesaid, was on the ppeenaaaBierkt�ocn Miller The Ne News.Mar 73, 1911, m The New News. day of 711 ty , 19 9 /J r and the last on the 3-3 day of \ 1 e Subscribed and sworn o before It me this 4 day of , 19?/ ��, a' � 2,44_...- .. 9104 45 " Commission expires March 15,19^ N 0 TIC E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET N0: 91-26 APPLICANT Timothy J. and Lana J. Stutzman 2107 50th Avenue Greeley, Colorado 80634 DATE: May 8, 1991 TIME: 10:00 a.m. REQUEST: Site Specific Development Plan and Special Review Permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility LEGAL DESCRIPTION: Part of the NE/4 SE/4 of Section 23, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: 32382 Weld County Road 23; approximately 1/2 mile south of State Highway 392, east of and adjacent to Weld County Road 23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller Deputy Clerk to the Board DATED: April 22, 1991 Q PUBLISHED: April 25, 1991 in The New News 91®405 Ex h, bi � STATE OF COLORADO ) )s.s. ...- ,', :. :. . COUNTY OF WELD ) David S. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper NOTICE published in K burg in said County Pursuant to the zoning laws of the and State; that said newspaper has a s� of ColoradoOrd and the Wets hea 'n w inpu general circulation in said County Chara^ber§ d the Board of Co the unty and has been continously and Commissioners of Weld County Colorado, Wekl County Centennial uninterruptedly published therein, Center, 16th Street, First during a period of at least h1„e8�. 1perdo, at any the manner interested min thesons N Site fifty—two consecutive weeks prior to Specific Development Plan and the first publication of the annexed Special sled tto Review Permit nd may abe notice; that said newspaper is a s tedthea pplicant or any mteresq, desire the newspaper within the meaning of the pretence a a court reporter to act of the General Assembly of the �aaitl to�taped. record State of Colorado,, entitled "An Act g,a��e be kept duunngg the "to the Board's to regulate the printing of legal Office Mau he advised s writing g of such action at least five days notices and advertisements, ” and prior s ins hearing. The cast of bom�ther uerqu p rhea he amendments thereto; that the notice BE IT ALSO ENO itit the of which the annexed is a printed WeldaConannd °Plann��am, aeon may he examined W the office of copy taken from said newspaper, was the clerk to the Board of County published in said newspaper, and in Weld tI,mot Centennial CCenter the regular and entire issue of creel 10w�air5oo! TAii° Floss• 91-28 every number thereof , APPLICANT 7 To J and Lana J. Stigma 2109 6 Avenue-Greeley,Colorado 906.14 once a week for DATE: Maya 1991 TIME: 10:00 a.m. successive weeks that said notice REQUEST: site s is Develop Plan and �bl was so published in said newspaper Review es t for anestablishment q i tame Pfaarm a uipment sake. a include proper and not in any supplement an itnppremeenntt air c0000ler assembly thereof , and that the first ?EC°ry LEGAL DESCRIPTION: Part of publication of said notice as the NE/4 SE/4 of section as Township 6 North,, Range 67 West aforesaid, was on the Co��etn P.M., wefa county, LOCATION: 32382 Weld County a S Boas 89; approximately 1/3 mile day of south of Sta Highway 392 east Y `, 19 9 1 , of and as adjacent to Wld County BOARD OF COUNTY and the last on the S day of WELDCO>1cCO7�Y COLORADO 1 BY: DONALD D.WARDEN `(�,,. p cl WELD COUNTY CLERK TO THE 'f"_" a6(3,_,____6(.191iDe�yu(tyy�lerkhye midV-4 DATED: orR7d,1991'C�NI ewHNesewsAM• 1991 iniSubscribed and swo nbefore me this J:L day of 17/11, , 19_L• La„...„ ,e-, ill ir-n . 910405 My Commission expires March 15,1992 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION April 16, 1991 Page 4 CASE NUMBER: USR-942 APPLICANT: Timothy J. and Lana J. Stutzman REQUEST: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment for farm equipment sales, repair and an implement air cooler assembly facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile south of State Highway 392; east of and adjacent to Weld County Road 23. Bruce Johnson, representative for Timothy and Lana Stutzman, stated they had reviewed the preliminary report by the Planning Commission staff and it is compatible with their intent for the proposed use of the property. Ann Garrison wanted Bruce Johnson to explain production of the coolers. Bruce explained that it is an assembly process rather than a manufacturing process. Don Feldhaus asked i£ there would be a concern with chemicals associated with the air coolers. Bruce said it was a water type of cooler as opposed to a refrigerant type of cooler. He explained that it was in the Planning Staff's recommendation that in the event there was ever to be any chemicals, they would have to meet the policies of the county. Keith Schuett said there are Development Standards that address this issue, but at this time there are no chemicals involved in the operation. Jean Hoffman said she had visited the proposed site twice and feels that the applicant's plans are compatible with the area since it is in the range of the industrial area around Kodak. = Bud Clemons - -- asked for a count of the number of employees since this proposal would involve sales and service. Bruce Johnson said they would employ 4 to 10 employees. The Chairman asked if there was anyone in the audience who would like to speak for or against the application_.--_No one wished to speak. __ Don Feldhaus moved Case Number USR-942, for an agricultural service establishment for farm equipment sales, repair and an implement -air cooler assembly-facility, _ be forwarded to the Board of_County Commissioners with _the Planning Commissions'. recommendation for approval:- Motion Seconded-by-BudsClemons == The Chairman asked the secretary_to poll the members-of the Planning Commission__ for their decision. Richard-Kimmel_-_.yes; Ann-Garrison- - yes; -Don. Feldhaus - _.._ yes; Shirley Camenisch_- ,yes;. Jean Hoffman - -yes; -Judy Yamaguchi yes; -Bud _`Clemons --yes; Jerry Kiefer-.- yes. - 14otion carried unamiously:— 91®45 EX A; Li e, BEFORE THE WELD COUNTY, COLORADO, PLANNING CO(QjISSIOd k RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Don Feldhaus that the following resolution be introducted for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commision that the application for: CASE NUMBER: USR-942 NAME: Timothy J. and Lana J. Stutzman ADDRESS: 2107 50th Avenue, Greeley, Colorado 80634 REQUEST: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility. LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: 32382 Weld County Road 23; approximately 1/2 mile south of State Highway 392, east of and adjacent to Weld County Road 23. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies, and the Agricultural Goals and Policies. The Weld County Comprehensive Plan Urban Growth Boundary Goals and Policies encourage development to concentrate adjacent to existing municipalities and to be encouraged as long as the development conforms to the desires of the municipality. This proposal is within 1/4 mile of the Town of Windsor and the Windsor Planning Commission reviewed this request on March 18th and found no objections to this proposal. This proposal is within 2 miles of the City of Greeley and the Greeley Planning Commission reviewed this request on April 9th and with conditions found no objection to the proposal. The Agricultural Goals and Policies of the Weld County Comprehensive Plan encourage development of commercial and industrial uses directly dependent upon the agricultural industry in areas that minimize the removal of productive agricultural land from production. The location of the Special Review permit site and the attached conditions and Development Standards will ensure consistency with the goals and policies of the Weld County Comprehensive Plan. 91,�7p ;25 g. J WWY ��JJ RESOLUTION, STUTZMAN USR-942 Page 2 The proposal is consistent with the intent of the Agricultural zone district and, as an agricultural service establishment, is provided for as a Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. Surrounding land uses include Highway 392, metal container plant, Kodak, rural residences, and agricultural production. Conditions of approval and development standards will ensure compatibility with these uses. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review Plat, the plat shall be amended to show a 50 foot right-of-way reservation from the centerline of Weld County Road 23. 91®405 RESOLUTION, STUTZMAN USR-942 Page 3 4. An I.S.D.S. Evaluation shall be performed by the Weld County Health Department on any existing septic systems prior to issuing the required septic permits. Bud Clemons seconded the motion. VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Shirley Camenisch Jean Hoffman Don Feldhaus Judy Yamaguchi Bud Clemons Jerry Kiefer The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 16, 1991. Dated the 17th of April, 1991. 06300-1--44-) Sharyn Ruff Recording Secretary 910425 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Timothy J. and Lana J. Stutzman USR-942 1. The Site Specific Development Plan and Special Review permit is for an agricultural service establishment to include farm equipment sales, repair and an implement air cooler assembly facility in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. No outside storage of materials shall be allowed on the Special Review site. 4. Welding operations shall be separated from the office/public areas by a one-hour occupancy separation. 5. All publicly accessible areas shall comply with the handicapped provisions of the Uniform Building Code. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system for the proposed facility shall be installed and maintained according to the Weld County Individual Sewage Disposal Regulations. 12. The property shall be maintained in compliance with Superfund Amendment and Re-authorization Act (S.A.R.A. ) Title III. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 910405 DEVELOPMENT STANDARDS, STUTZMAN USR-942 Page 2 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 91®4'15 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Timothy J. and Lana J. Stutzman Case Number: USR-942 Submitted or Prepared Prior to Hearine At Hearing 1. Application 2 Pages X 2. 1 Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Letter dated April 10, 1991 from Greg Fleebe, X City of Greeley. 12. Referral response dated April 9, 1991, from X Dean Severinie, President, West Greeley Soil Conservation District. 13. Memo dated March 29, 1991, from West Potter, X Weld County Health Department. 14. Memo dated March 22, 1991, from Ed Stoner, X Weld County Building Inspection. 15. Memo dated March 22, 1991, from Ed Herring, Weld X County Office of Emergency Management. 16. Referral response dated March 25, 1991, from X Janet Lathrop, Town of Windsor. 17. Referral response dated March 27, 1991, from X Drew Scheltinga, Weld County Engineer. I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on A it 19, 1991. Cu n lanner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS � day of S i RC1? J 19") ( . t' N4, 0__)(c;9 ' A 111417PUBLIC � _-,. . M}' 'Commission Expires My commission expires Oc r 15 Ex h , b , + 910415 EXHIBIT INVENTORY CONTROL SHEF case LA..5eJ IYti�11 �( 1YICti L o� Exhibit Submitted By U Exhibit Description B. -RA CAMmi uooLcAi oL , ) t 'Pkr,ID E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. 0415 Z. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES CF PERJURY TEAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST_ 10 DAYS BEFORE THE BOARD OF COUNTY CONSSISS TONER'S HEARING FOR CASE ,l THE SIGN WAS POSTED BY: P©.5-leci {rr;/ z 6a/ it g// ".E k.VLS m(� OF PERSON POSTING SIGN .IGN RE OF FLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS Z 4O DAY OF ' I�r L l 19 q r SEAL 22 d.‘ NOTARY PUBLIC MY COMMISSION EXPIRES ()/C7'Le /1, / c; LAST DAY TO POST SIGN IS: Jt�rv/ Z g"" 19 9/ r. olil r 199 Weld Ca. Plawi lg 91®405 Date: April 16, 1991 CASE NUMBER: USR-942 NAME: Timothy J. and Lana J. Stutzman ADDRESS: 2107 50th Avenue, Greeley, Colorado 80634 REQUEST: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility. LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: 32382 Weld County Road 23; approximately 1/2 mile south of State Highway 392, east of and adjacent to Weld County Road 23. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies, and the Agricultural Goals and Policies. The Weld County Comprehensive Plan Urban Growth Boundary Goals and Policies encourage development to concentrate adjacent to existing municipalities and to be encouraged as long as the development conforms to the desires of the municipality. This proposal is within 1/4 mile of the Town of Windsor and the Windsor Planning Commission reviewed this request on March 18th and found no objections to this proposal. This proposal is within 2 miles of the City of Greeley and the Greeley Planning Commission reviewed this request on April 9th and with conditions found no objection to the proposal. The Agricultural Goals and Policies of the Weld County Comprehensive Plan encourage development of commercial and industrial uses directly dependent upon the agricultural industry in areas that minimize the removal of productive agricultural land from production. The location of the Special Review permit site and the attached conditions and Development Standards will ensure consistency with the goals and policies of the Weld County Comprehensive Plan. 91®405 RECOMMENDATION, STUTZMAN USR-942 Page 2 The proposal is consistent with the intent of the Agricultural zone district and, as an agricultural service establishment, is provided for as a Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. Surrounding land uses include Highway 392, metal container plant, Kodak, rural residences, and agricultural production. Conditions of approval and development standards will ensure compatibility with these uses. No overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review Plat, the plat shall be amended to show a 50 foot right-of-way reservation from the centerline of Weld County Road 23. 4. An I.S.D.S. Evaluation shall be performed by the Weld County Health Department on any existing septic systems prior to issuing the required septic permits. 910425 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Timothy J. and Lana J. Stutzman USR-942 1. The Site Specific Development Plan and Special Review permit is for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. No outside storage of materials shall be allowed on the Special Review site. 4. Welding operations shall be separated from the office/public areas by a one-hour occupancy separation. 5. All publicly accessible areas shall comply with the handicapped provisions of the Uniform Building Code. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system for the proposed facility shall be installed and maintained according to the Weld County Individual Sewage Disposal Regulations. 12. The property shall be maintained in compliance with Superfund Amendment and Re-Authorization Act (S.A.R.A. ) Title III. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 910405 DEVELOPMENT STANDARDS, STUTZMAN USR-942 Page 2 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 910405 LAND-USE APPLICATION SUMMARY SHEET Date: April 9, 1991 CASE NUMBER: USR-942 NAME: Timothy J. and Lana J. Stutzman ADDRESS: 2107 50th Avenue, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment for farm equipment sales, repair and an implement air cooler assembly facility. LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: 32382 Weld County Road 23, approximately 1/2 mile south of State Highway 392; east of and adjacent to Weld County Road 23. SIZE OF PARCEL: 3 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Building Inspection Department, Weld County Health Department and the Office of Emergency Management. Referral responses have not been received from the City of Greeley, Greeley Soil Conservation District and the Windsor/Severance Fire Protection District. No objections have been received by Department of Planning Services' staff from surrounding property owners. 9104e5 5• L �`1 b pl�_.h '\,-. /1" 1 / f-. i� \.\.'._i i 1 L,;,-',,,,,,,. L. L-) v �j � �.I 1 • �\ � .� �'-. a. -. u•n...ten�° zz z ° zo I x o„ /2 1' A x d� • a _...-7— . aH I. 1 i 0 ° �E 7 I I - • L 7V. . . . • 1�p e - � . . .a � .° . 1 ° ..l ° ) Fd2WAY I! e ! �Et';o IT•;'a-- �. l i';: caEa�9 °Resr[eNy 111 _°• , ! ° • , - 1 Fri SEVERgNC p v°. 4 l L _ . _ . a �3 3e+, I 1 —,�% ]z i 1°.: 7° t e i. i !. xr°lo. °.1Ste s. . s- .y�1ll ° 74. . . . • •• •1 ° . 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Stutzman REQUEST: Site Specific Development Plan and a Special Review permit for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility. LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: 32382 Weld County Road 23, approximately 1/2 mile south of State Highway 392; east of and adjacent to Weld County Road 23. LAND USE: North Crop production and rural residence. East Crop production, rural residences. South Crop production, rural residence, railroad, Weld County Road 6. West Weld County Road 23, crop production, rural residence and the Metal Container Corporation. ZONING: North A (Agricultural) East A (Agricultural) South A (Agricultural) and I-1 ( Industrial) West A (Agricultural) and the Town of Windsor I (Industrial) COMMENTS: The property is as shown on the USR plat. The access is off Weld County Road 23, a paved county road. The property is basically flat, with an area slope from the north down to the south. eith A. Schuett Current Planner 91®405 FIELD CHECK Filing Number: USR-942 Date of Inspection: ��'"+ . 3//7/9/ Applicant's Name: Timothy J. and Lana J. Stutzman Current Planner: Keith A. Schuett Request: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment to include farm equipment sales, repair and an implement air cooler assembly facility. Legal Description: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado. Location: Approximately 1/2 mile south of State Highway 392; east of and adjacent to Weld County Road 23. Land Use: N pA.�:z�-�rtt.- , L�. ea,-1, Az-0- D. , t n.c,fi_ W �{ rG q `. �a -a L A C.z +a.a fate-T° Pd. 2 3, �C i Zoning: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: L 1vevi- / / / llw�F'•�� _,/214.,,. F f �t Gf�LeeC- (4 yC4 t LGt"'7, . Lr "4' ./(V^;411/ IC- 91C415 REFERRAL LIST NAME: Timothy J. and Lana J. Stutzman CASs NUMBER: USR-942 REFERRALS SENT: March 11, 1991 REFERRALS TO BE RECEIVED BY: March 25, 1991 COUNTY TOWNS and CITIES Attorney _Ault l/R Health Department _Brighton Extension Service _Dacono X Emergency Management Office _Eaton Sheriff' s Office Erie 7X Engineering _Evans _Housing Authority _Firestone Airport Authority _Fort Lupton k/ X Building Inspection Frederick _Garden City STATE Gilcrest Division of Water Resources X Greeley _ _Geological Survey _Grover _Department of Health _Hudson _Highway Department Johnstown _Historical Society Keenesburg _Water Conservation Board _Kersey Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS Longmont Ault F-1 _Mead Berthoud F-2 _Milliken _Brighton F-3 New Raymer _Eaton F-4 _Nunn _Fort Lupton F-5 _Platteville Galeton F-6 Severance Hudson F-7 1,0"X Windsor Johnstown F-8 _ La Salle F-9 COUNTIES _Longmont F-10 Adams _Milliken F-11 _Boulder Nunn F-12 _Larimer Pawnee _ Platteville F-13 FEDERAL GOVERNMENT AGENCIES _ Platte Valley F-14 US Army Corps of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission -R--Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. X Greeley Panhandle Eastern Pipe Line Co. _Longmont _ Tri-Area Planning Commission _West Adams C911MISSION/BOARD MEMBER X Jean Hoffman .9104'`5 xiy A COMMUNITY DEVELOPMENT City o 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley April 10, 1991Iti „ i9ci III�I�! 1 I I Mr. Keith Schuett u�" ----- U Current Planner Weld;PI:� Ceramin Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Keith: Subiect: USR-942 The Greeley Planning Commission, at its April 9, 1991, meeting, reviewed the request for a site specific development plan and a special review permit for the Stutzman application for an agricultural service establishment to include farm equipment sales, repair, and an implement air cooler assembly facility. The Greeley Planning Commission recommended no objection to this application with the following conditions: 1. A 100-foot total right-of-way, 50 feet of right-of-way measured from the centerline of Weld County Road 23 , be dedicated for future arterial designation. 2 . Prohibit any outside storage. 3 . The site must meet all Weld County industrial development guidelines. The Greeley Planning Commission also wanted to reiterate that it agrees with the policy of locating legitimate agriculturally related businesses in agricultural zones when they provided needed agricultural goods and services to rural farms and ranches. The Planning Commission felt that if the intent of a business is to service the rural community, then it should be located in a truly rural or remote location and not be located right outside of incorporated communities. To otherwise allow retail and industrial uses outside the immediate perimeter of cities only promotes the inefficient use of land and urban infrastructure while promoting urban sprawl. Sincerely, Y 4nit� 919405 Greg t. lebbe Planner II 4 DE- ARTMENT OF PLANNING SERVICES (. ;'I _' PHONE(303)356-4000,EXT.4400 U 915 10th STREET Igo {' GREELEY,COLORADO 80631 I ��s , 19%I C. ILL.�YYId—to. Kaput Wuromaib • COLORADO CASE NUMBER USR-942 TO WHOM IT MAY CONCERN: Enclosed is an application from Timothy J. and Lana J . Stutzman for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment to include farm equipment sales , repair and an implement air cooler assembly facility. The parcel of land is described as part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile south of State Highway 392 , east of and adjacent to Weld County Road 23. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 25 , 1991 so that we may give full consideration to your recommendation. Please call Keith Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3, X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5, /1 Please r r to the enclosed letter. 9 //' Signed: /42 / f n !x �� c-'�✓'t-. � Agency: LL,iz, u C te, Jac fsw n ✓�� 7 ./- Date : 910405 Arlo'; MEMORAnDum Wilk / To Weld County Planning I/�DD/I/[e COLORADO From i ro rnntn1 •r n a v Wes Potter, Director, Env t t t p S r i es Subject:Cag her' BSR-942 Namn• Timnthy T & T.ana j Stnt9ntan Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust shall be controlled on this site. 5. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 6. An I.S.D.S. Evaluation on any existing septic systems will be necessary, prior to issuing the required septic permits on the existing systems. 7. Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system, are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. WP/lam-56 r -,) i i` ;C l \ LJ .. "d >CsVCAin�, 1m0 tier,, 910405 Afier ‘r MEMORAnDum wigs C Keith A. Schuett March 22, 1991 To Date COLORADO From Ed Stoneregf Subject: USR-942 Based upon the information submitted the following items need to be brought to the attention of the applicant: 1. The welding operation shall be separated from the office/public areas by a one-hour occupancy separation. 2. All publicly accessible areas shall comply with the handicapped provisions of the Uniform Building Code. 3. A building permit will be required for any remodeling or demolition work. —1 r1 neri !AR 2 ^ 1991 to Cit. PirMatt% .;mumISI:+m 910405 ( WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT PHONE(303)356-4000, EXT.4250 VA OR 353-4224 ' DP.O. BOX 758 GREELEY,COLORADO 80632 WI C. COLORADO Lib jL (C'j'rt r7c\L"err' ' r T0: Keith Schuett Llyil ` ttT' 4� z, e °' i99i FROM: Ed Herring =— n LI DATE: March 22, 1991 a „ REF: USR-942 I have reviewed the request and find no conflicts with our interests. I would like to make Timothy J. and Lana J. Stutzman aware of the hazardous materials regulations for Weld County. I am not sure if there are any chemicals required in the manufacturing of "air coolers". If there are chemicals or chemical products I would request that all Superfund Amendment and Reauthorization Act (SARA) Title III reporting and filing requirements be addressed. If you have any questions please contact me at 356-4000 extension 4250. 910405 MAR-28-91 THU 9;39 Tr' OF WINDSOR FAX N0, 30 '7478 P. O1 PAGE.002 41:C1("SatiCI: EPARTMENTOF PLANNING SERVICES r'7(\j�� rxont�ss�se+aacao,exT.uoo r�.+v '� ?y• 91b70�h8TREE7' h01�I I ; 199 a eiEr,coioaADoaoea, COLORADO t4t voti' AR 2 i: 199 1 CASE NUMBER U 2 WMACD, Pbramtp &emmot TO WHOM IT MAY CONCERN: Enclosed is an application from Timothy J_ and lama J. Stuteman for a Site Specific Development Plan and a Special Review permit for an agricultural sdriiee ' establiandent .te include farm agaipment solos, repair and. an implement air cooler assembly facility. The partel 'of land is described as part of the NPA SRO of Section 23, TEN, R67A of the 6th P.M. , Weld County, Colorado, The location of the parcel of land for which this application has been submitted is approximately 1/2 mile south o£ State Highway 392, east of and adjacent to Weld County Road 29. This application is submitted to you lot review and recommendation. Any comments or recommendation you consider relevant to thsa request would be appreciated. Your prompt reply will help to facilitate the processing of Cho application and will ensure prompt consideration of your recommendation. Please reply by March 85, 1'991 'so that we may' givo fall " consideration to your recommendation. Please call Keith Schucet, Current Planner, if you have rny 'questions about the application. Check the appropriate bones below and return to our address listed above. • 1. We have reviewed this request and find that it f� does/does tot) eomply with our Comprehensive Plan for the following reasons._ _ 2. •We do not have a Comprehensive Plan, but wt feel this request _(is/is not) compatible with the interests of our town . / for the following reasons: 3. V We have reviewed the request and find no conflicts with our interesta. • 6. I A formal recommendation ia.Under consideration and will bo submitted to you prior to: 5. • Pl'ease refer to the enclosed letter. ] signed: ALJ Agency: �,u _t�G�/enaiezufro • Date: 6/9/ O • a* TOTAL ** 1O4 MAR 28 ' 91 9: 39 30368674788 PAGE . 001 POAC(1% 1 DEPARTMENT OF PLANNING SERVICES lillt PHONE(303)356-4000,EXT.4400 91510th STREET wiligC l GREELEY,COLORADO 80631 � / , e. , , ,` ,AR 2 ., 1991 I ' COLORADO cis__ _ _____.__.__ -CI Weld Co. Plamleg CASE NUMBER USR-942 TO WHOM IT MAY CONCERN: Enclosed is an application from Timothy J. and Lana J . Stutzman for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment to include farm equipment sales , repair and an implement air cooler assembly facility. The parcel of land is described as part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/2 mile south of State Highway 392, east of and adjacent to Weld County Road 23. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 25, 1991 so that we may give full consideration to your recommendation. Please call Keith Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons . 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. Y. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed C�� _Agency: Gr�cttw� r i Date: 312.7' qt( 910495 • P4` <i 41111<� DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 wilp C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, April 16, 1991, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Timothy J . and Lana J. Stutzman LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: An agricultural service establishment to include farm equipment sales, repair and an implement air coolor assembly facility. LOCATION: Approximately 1/2 mile south of State Highway 392 ; east of and adjacent to Weld County Road 23. SIZE: 3 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on . Copies of the application are available for public inspection in the Department of Planning Services , Room 342 , Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Jerry Kiefer, Chairman Weld County Planning Commission To be published in the New News To be publishe on (1) time by /March 29, 1991 Received by: t 6 ,e7717%4.0 7 1 e... .�-S 31-04(",5 Date: (3",27/9/ C - . STATE OF COLORADO ) J(� )s.s. fIIIM COUNTY OF WELD ) v '7? 2 ri David B. Reynolds, being duly sworn, ''�--i says that he is publisher of '(.;u CO. Nandi Cow-- The New News, a weekly newspaper published in K burg in said County and State; that said newspaper has a general circulation in said County NOTICE OF PUBLIC HEARING and has been continously and Cowpp� Planning uninterruptedly published therein, The Weld CommissionWeld will bold a Inning during a period of at least on Tuesday April 1d,19e1 fifty—two consecutive weeks prior to at1 considering for ite p Development.s and the first Development Plsf and a Special publication of the annexed e�p,'p��ee"tty� '�1 °` t ,f`�`�Y request ApGrn it notice; that said newspaper is a request terms • t`•a w newspaper within the meaning of the Lewpanantr/ TbuotlU' J. and act of the General Assembly of the LEGAL D ON: Put of State of Colorado entitled "An Act the SE4o[ s. . "' Colorado,. Rb�dd Ne etA P e. .. ••' to regulate the printing of legal cowty,Colorsdo. TROP CAD—INTENSITY OF notices and advertisements, " and PROPOSED MB: An �t�r amendments thereto; that the notice P.rmImMtpm�itor °°',.eembu. of which the annexed is a printed A,,,,o,�tN,; radar s copy taken from said newspaper, was ,east off to Weld published in said newspaper, and in County EY-Lgt ado- the regular and entire issue of Wrlarb�gwlsbenetaln g the Weld Couulir Commissioner's every number thereof , ctr 001Otew,lcenn°ca°f Waaeis Taub Street, G,ree)eY. Cot o w Comments or ob rolsb:d to once a week for ) wtietti dew nest ° ouI w W successive weeks; that said notice County TenW Room 31 was so published in said newspaper SS=1to,re cow'w�Oto mo beyore*tea=Bete or G�eeenled proper and not in any supplement eCt�a1n tb, *ideation are thereof , and that the first agviilblef pupn��imPeetionPlemd inty publication of said notice as CSerrvleatens,R°ecm 342 Wee1°s Tm0 aforesaid, was on the rry a�Eate iona 4400. WM �q'Plendne Commission 14 m To be pu in the Nev Neese . day of / l 1 a/1 , 19 �I , in one (1) tune br I U M�i 11,Ifin�t The New Ness and the last on the ._ day of W1 , 195 73 _ Subscribed and swor ""t��o before me this �day of /vl Rit eic , 19—LL' 9104" 5 aeonnla (.?" ,(6.,y�.--- iqy Commission expires q, ,r::h ,I c.;92 1(11 DEPARTMENT OF PLANNING SERVICES PHONE(303)358-0000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO March 20, 1991 T0: SURROUNDING PROPERTY OWNERS AND MINERAL OWNERS CASE NUMBER: USR-942 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, April 16, 1991, at 1:30 p.m, in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Timothy J. and Lana J. Stutzman FOR: Site Specific Development Plan and a Special Review Permit for an agricultural service establishment to include farm equipment sales, repair and an implement air cooler assembly facility. LEGAL DESCRIPTION: Part of the NE4 SE4 of Section 23, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 mile south of State Highway 392, east of and adjacent to Weld County Road 23. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone, Keith A. Schuett, Current Planner. 91044. 5 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-942 for Timothy J. and Lana J. Stutzman in the United States Mail, postage prepaid First Class Mail by postal card as addressed on the attached list. this 20th day of March, 1991. 310435 SURROUNDING PROPERTY OWNERS USR-942 Timothy J. and Lana J. Stutzman Robert & Olga W. Lorenz 4945 Gray Street Denver, CO 80212 Shirley E. & Merrill E. Tregoning James William & Margaret M. Mathews 225 10th Street Windsor, CO 80550 Marlyn R. Tienne 10481 Weld County Road 66 Windsor, CO 80550 Ruth Winder & Erna W. Butler 428 29th Avenue Greeley, CO 80631 Maurice A. Rust 3102 S. Fillmore Street Denver, CO 80210 Alice Swanson 701 6th Street #8A Windsor, CO 80550 George E. and Lydia Hettinger 27266 Weld County Road 49.5 Greeley, CO 80631 Dellsmore E. Anderson 2126 23rd Street Greeley, CO 80631 Hazel L. and Vernon Pearson Box 332 Ault, CO 80610 Paul and Dorothy Franson 2816 W. 12th St. Rd. Greeley, CO 80631 9104` 5 m0.v2c-4 nat ..!, `' b - I Gladys and Lennart Mellin 2209 13th Street Greeley, CO 80631 -)c-' c Mae L. and James E. Luttrell Sj��T6 6415 28th Street .»++........` Greeley, CO 80631 .1.1 acs �1 I i4 N N. Public Service Company a 422 Main Ili! "' ® 1 � 0 Windsor, CO 80550 ��i.= ,, w �t),S F?—=\ : \ii;\ e � ,' _m _\ v.,a �ti\�� 114 a i d l z 1 � a F N, E. ca ' n a tu'..J ' [r] M f _JJ r VI E-41/4C1 CC I.�r-,� a a CD L. `' vFi o v) . 0 az o O4^a.?' • N W a a wr.w «p4 z,or..., EH\ / W 1 v co:a\ ' c',,c • oo t69 a m O m w _ ; � i- 0 I Y ',12! _. ' cc Ill Ja , f r'b.Y 4a- � I , � 2� w a r� � ,. cc �t:0, :� z = ', „ , ,z,,, t, Mtr;,,,, ,e,'� GJ mJ ,y I ,L , jy 3 MOB OOVliOl00'A3133N0—1391.XOB'!O"!] p DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 whiC. COLORADO March 11, 1991 Bruce Johnson & Associates Attention: A. Bruce Johnson 801 8th Street, Suite 220 Greeley, CO 80631 Subject: USR-942 - Request for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment to include farm equipment sales, repair and an implement air cooler assembly facility on a parcel of land described as part of the NE4 SE4 of Section 23 , T6N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Johnson: — - Your application and related materials for the request described above are complete and in order at the present time . I have scheduled a meeting with the Weld County Planning Commission on Tuesday, April 16, 1991, at 1: 30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore , our office has forwarded a copy of the submitted materials to the Planning Commissions of Greeley and Windsor for their review and comments . Please call Janet E. Lathrop in Windsor at 686-7476 and Steve Hill in Greeley at 350-9783 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to April 3 , 1991, you or a representative should call me to obtain a sign to be posted on the site no later than April 6, 1991. 910435 March 11, 1991 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Resp ctfully, i e1t A. c u tt Current Planner 910405 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10//DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # 1/5 - 9 ita . THE SIGN WAS POSTED BY: Patee1 7 ia, /gW I NAME OF PERSON POSTING SIGN ` [G1 8.:001¢ . *ett,49,,omdtmA._ � �TURE LICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS Jr DAY OF de i4r 19 . SEAL �C�J td c Lark NOTARY PUBLIC MY COMMISSION EXPIRES 9%,17 /@:? V LAST DAY TO POST SIGN IS: *turf (p 19 9 - ;991 this. Gr.. l+fmrwryk " 7CS1 GY 910405 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of the NESE* of Section 23, Township 6 North, Range 67 West of the 6th P.M. Rust property-Timothy Stutzman, Applicant SATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submissio d te. Timothy St t ma Applicant The foregoing instrument was subscribed and sworn to before me this 7441, day March , 19 91 , by Timothy Stutzman, as Applicant WITNESS my hand and official seal. My Commission expires:7447-2-4/ /9 �� aPs°. oal fr-c iey, . etoo . , 910405 a . bruce JOHNSON tic ASSOCIATES 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 March 7 , 1991 Department of Planning Services 915 10th Street Greeley, CO 80631 To Whom It May Concern: Please send all correspondence for Applicant to: A. Bruce Johnson , 801 8th St. , Suite 220, Greeley, CO 80631, who is our agent in this matter . If you need any further information, I will try to accommodate your reasonable requests . 1 . Attached is a complete Application for a Use By Special Review (plus the additional 24 packets) and the 25 copies of the Use By Special Review maps for land presently owned by Maurice A. Rust , which the Applicant , Timothy J. Stutzman and Lana J . Stutzman have under a real estate purchase contract . The real estate to be purchased is that portion of the E1/251O4 of Section 23, the SW1 of Section 24, and the NEI(NWa of Section 25, all lying north of the C&S Railroad , all in Township 6 North , Range 67 West of the 6th P .M. , Weld County , Colorado. Applicant Stutzmans ' Use By Special Review (USR) application will pertain only to property identified on USR maps . This small three-acre , more or less , parcel is of benefit to Applicant . The remainder of the 200 acres will remain as irrigation farmland, and perhaps an accessory dwelling permit for a new farmhouse may be requested at a later date . Enclosed is a $600.00 check payable to the Department of Planning Services to cover the application fee . The recording fees will be paid when the approved USR plat is filed . 2. A detailed description of the proposed operation and use of the USR three acres is as follows : A . The use of the USR land is as follows : 1) The existing house will be used to house people who will work on the farm portion and/or work in the USR business . This house will also serve as security for both operations . 2) The shed and quonset will be used for inside storage . 9104°5 �� ---- -- Colorado-Nebraska-Wyoming • Farm & Ranch. • Water Appraisals • Sa ies • Exchangc0 • Minerals • Consulting Department of Plarning Services Page Two March 7 , 1991 3 ) The shelter will be used for farm or business storage , or perhaps removed/leveled over time . 4) The mobile home will be used for an office , security or replaced or removed . 5) The grain bins will be used for storage or removed . 6) Other structures presently on the USR land will be removed and the site cleared of debris . 7) The land surrounding the barn in the USR request will be used a) to store farm equipment for the farming operation and/or resale ; b) to store new and used horse and flatbed trailers for resale ; c) for access to buildings , the farm, all equipment and for display. "Road" areas will be upgraded with "road base" material and gravel for all weather access . 8) The barn will be used a) to inventory various parts needed to assemble air coolers ; b) to store work in process inventory; c) to store finished air coolers ; d) to house tools and equipment needed to assemble the coolers and repair farm machinery ; e) to store and sell various parts or equipment to "service" the product line being sold ; f) a sales and management office will be constructed inside the barn; and g) the present inside construction will be removed . B . Applicant desires to consolidate his business and family into a common site while he fulfills a long-time desire to farm and live in the country. 1) Management efforts are simplified and more effficient by close prox- imity; 2) Applicant ' s business has expanded beyond its present location . This site allows room to expand the busi- ness which increases income of Applicant and increases work force and revenue for the community; 3) There is a contin- gency in Applicant ' s purchase contract for the USR applica- tion to be satisfactorily approved ; 4) Only a small 3-acre parcel of land is being identified in this application to for USR to meet the needs of Applicant and application requirements . C . All adjacent properties are presently used as irrigated farmland and rural residences , the same as the present use of subject property. However , an exception is the southerly boundary of the Colorado and Southern Railroad right-of-way, and is used as a railroad . The nearest non-agricultural zoning is approximately one-third mile to the southwest where the Windsor Can Company is located . Most of Windsor ' s "manufacturing" district then lies from the Can Company in a west , northwest direction toward the Town of Windsor . 910405 Department of Planning Services Page Three March 7 , 1991 D. The nearest existing residence is a rural residence approximately 1400 feet north along the east side of WCR 23 . The next nearest existing residence is a rural residence approximately 1800 feet south and 600 feet east of the sub- ject property. The purchasers (Applicant) intend, at some future time , to build their residence on the farmland which would probably be located within 600 feet of the subject property. E . The maximum number of all users , patrons , customers , delivery personnel , neighbors, harvesting personnel , sup- pliers , etc . may be as high as 50 people in a single day. The low may be five . The most probably number would be 25. F. The number of employees during a normal daytime shift would vary from four to ten . There are no foreseeable plans for a second shift . Normal hours would be from 7:00 a .m. to 5:00 p.m. , Monday through Friday. One to four employees may be present on Saturday. A security person may be on site at all other times . G. The present water source is sufficient for any proposed use of the property. Present water source is North Weld County Water District water tap and a domestic/livestock well . Enclosed in this packet is a letter from North Weld County Water District stating that it is supplying potable water , and it will meet future demands . H. Access to the property will be as in the past off of WCR 23 , a paved county road which connects north to Colorado Highway 392 and south to WCR 66, all are paved all-weather roads . I . Most of the traffic to and from subject property will be automobiles , light trucks , (p.u. ) with or without trailers (stock and/or farm type) . On occasion, a semi-tractor/- trailer may access said property . The automobiles and light trucks will be daily 10-20 per day, and will have GVW of 2 ,000 to 5,000 lbs . , plus the weight on the trailer (when used) , one to two times per day of 2 ,000 to 4 ,000 pounds . Semi-tractor/trailers may be as often as two to three times per month with a GVW of 60,000 pounds. J. The existing septic system is sufficient to handle the expected average daily work force of five people . K. The existing fire protection district is sufficient to protect for fire . Combustible products will not be used in this assembly process . Normal safety precautions will be followed when using cutting or welding equipment . NNormaj g Department of Planning Services Page Four March 7 , 1991 safety procedures and fire extinguishers will be in place . Applicant will cooperate reasonably with the Windsor Volun- teer Fire Department. Included in this packet is a list of requirements which Applicant agrees to implement . L. Lifestock will not be located on this property . M. All inventory will be stored in the existing building . Inventory may be in the form of bolts , screws , molded covers , filters , fans , motors , switches, wiring , packing crates , belts , ropes , small electric motors , and work in process . On occasion an inventory of livestock or equipment trailers may be located on the property and outside of the building. Farm machinery may also be stored outside. Waste will be handled in the normal "dumpster" manner . N. No additional facilities will be utilized to handle storm water retention. All existing structures appear to handle storm run-off in the past and will be maintained in the future . O. A dumpster or dumpsters will be used to handle the removal of debris , junk and other waste on the normal weekly schedule of service contracted . Waste Management of Northern Colorado or similar other services will be used on a weekly bases to collect and to remove debris , junk and waste . P . Additional landscaping and erosion control measures are not currently planned . The existing mature landscaping of trees , bushes and lawn with normal maintenance appears ade- quate . Current soil absorbtion and historic flow of water also appear adequate and not harmful to neighbors and/or county . Drive areas will be improved by using "road base" and gravel for all weather access. Low maintenance ground cover and/or weed control will be used on non-access land . Q. In the event the proposed use of the subject property were to cease , all items associated with the proposed use shall be removed from the property in a timely manner . In the event of a change in use were to occur , the normal application procedure would be followed at that time . R. The following timetable appears feasible at this time: Mar/April Application/approval process May Purchase of property June/July Insulation and door remodeling Aug/Sept Relocate from 1701 First Avenue Oct/Nov In full operation 10495 Department of Planning Services Page Five March 7 , 1991 3 . A. This application is consistent with Agricultural Zoning as described in the Weld County Comprehensive Plan because the Plan provides for the application of Use By Special Review. The Applicant will primarily be farming. Also, Applicant will be assembling and/or selling agriculturally- related equipment . The application adapts an existing horse building into a building to hold inventory to assemble equipment and an office . No added buildings are planned at this time . Horse and flatbed machinery trailers will be on display . There will be no conversion of agricultural land to residential , commercial or industrial development . B . This proposal is consistent with the intent of the Agricultural Zone District because farmland will not be converted to residential, commercial or industrial develop- ment. It is in harmony with the appeared phase growth plans of the Town of Windsor and Weld County because the indus- trial growth has been in a southeast direction from Windsor to within one-third a mile from subject napplication . This application is related to an agricultural district and not an urban-type use . Services required of Weld County will not be different from those that currently exist for a horse farm. C. Agricultural land within the scope of this application will not be converted to any other use . The agricultural "horse barn" will be converted to an agricultural "assembly and marketing building . " Natural gas , domestic water , sep- tic tank, and paved county roads are already present on the property. D. Applicant desires to protect the health , safety and welfare of their family, work force , neighbors and the county. The Health Department verified that the water and septic systems have been and will be continually used. Fire safety equipment will be installed , inventory will be main- tained in a safe , organized manner . Access doors and insu- lation will be initiated on existing structures . Noise and dust will not be a factor because all assembly work will be performed inside the building . The neighboring residences will not be affected by increased noise , dust or any other distraction and/or polution than presently exists in the current land use . E. The uses permitted in this application will be compat- ible with the existing land uses as provided for in the Agricultural Policies of the Weld County Comprehensive Plan as above-described by special review. 91°4°5 Department of Planning Services Page Six March 7 , 1991 F. The proposed use under this application will be compat- ible with future development of the surrounding area as permitted by existing Agricultural Zone . This site is in the urban growth boundary area of the Town of Windsor . The use will be compatible due to conditions of approval . G. The subject property of this application is not located in a flood plain, geologic hazard or the Weld County Airport Overlay District area. H. The North Weld County Water District currently provides a water tap to the subject property. An existing domestic/- livestock well is also on said lands . I . Applicant is under a Specific Performance Real Estate Contract (copy attached) subject to the approval by weld County of this Use By Special Review Application . J. Noise associated with this use shall not be any differ- ent from a modern farm shop, and traffic will not be more active than a moderate-sized integrated farming operation. Thus, plans have not been made for noise monitoring. K. Soil site analysis by an engineer has not been con- tracted because no additional buildings will be constructed; the existing buildings do not show any defects due to site . However , the Soil Conservation Service soils maps and infor- mation are included in the packet . The kim loam and Olney sandy loam soils present on the site are deep and well drained . Slope is 1-3%, and, therefore, a topography map in two foot gradients is not included . However , a ten foot gradient is included on the Vicinity Map. L. A list of all names , addresses and the corresponding assessor ' s parcel identification numbers to all properties within 500 feet of the subject property is included in the packet . M. A list of the names and addresses of mineral owners leases of minerals is also included in this packet . Sincerely, Timothy J. u n, Applicant an J. utzman Applicant Attachments 91®ee35 ➢ n I._ 2� i9ri USE BY SPECIAL REVIEW APPLICAT fi Department of Planning Services, 915 Tenth Street, GretticQ r . : '`.31 ! Phone - 356-4000 - Ext. 4400 I r Case Number `rAlAilia Date Received �f 4/ Application Che ked by Mylar plat submitt Application Fee Q;(949=. Receipt Number ed OO 1 Recording Fee Receipt Number ______=_______ TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) Z/ (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Parts of LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NESE4 Section 2 3 T 6 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Parts of Sections 23,24,25 T 6 N, R 67 W Property Address (if available) 32382 WCR 23, Windsor, CO 80550 PRESENT ZONE Ag OVERLAY ZONES TOTAL ACREAGE 3± Acres for USA; PROPOSED LAND USE Assemble air coolers, market coolers, farm trailers & parts & service same, resign EXISTING LAND USE Agriculture and rural residence and also to remain on the balance of farm SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — — Name: Maurice A. Rust Address: 3102 S. Fillmore City Denver, CO ZiP 80210 Home Telephone it 1-756-8964 Business Telephone 41 1-756-8964 Name: Address: City Zip Home Telephone it Business Telephone 4 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Timothy J. and Lana J. Stutzman (contract interest) Address: 2107 50th Avenue City Greeley, CO Zip 80634 Home Telephone 4 303-330-9747 Business Telephone 4 351-6171 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Please see attached Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signat r : mer or Auth ized A ent Subscribed and sworn to before me t day of 10 _ 1991 _ t PUBLIC My commission expires -j9 9S� BOARD OF DIRECTORS el.- NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES �- GARY SIMPSON ERNEST ROSS ��M. se HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY CHARLES ACHZIGER I V LYLE NELSON, MGR. , jam= P.O. BOX 56 • PHONE 356-3020 • RE : Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: 32382 WCR 23 1. X Water service is presently being provided to the above described property. 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments : North WeZd County Water District will continue to provide water service to the above mentioned property. Sincerley, • NORTH WELD COUNTY WATER DISTRICT _dl e D. Nelson, Manager NDL/ds 91°4°5 WINDSOR FIRE DEPARTMENT MEMO Windsor Fire Department Fire Chief Dave Vohs outlined the following requirements via telephone on March 6, 1991: 1. Approved fire extinguishers are to be located by each door; 2. Isolate flammable materials; 3. Isolate combustible materials; 4. Comply with periodic inspections after possession of the property. The foregoing was in response to Use By Special Application on the "Stutzman" property. 1 . Bruce Johns Date: March 6, 1991 910495 .,, *. r I "n /C1 a :`,--',.eye"* � N 1,s �' .... it,„,,,.4. 4,,,„-y2,„,,. .fix,. M / .tr � x Tr:. I" h m n al m + R', m e M <,. r'+ n __ • 00 n.' r. ` 01 m Tr ri N n e IS m N a Or +D pp S' + 2 . • ID r,... {.. Wrap o: t > t I. ? e 4 m 'A w It • N \1Ln 1 W N.. * m n t t y t9_. � VD J rr S J Ms n 41 • r. VI "r m m �"a" n'� 3 a . - , � �.r*�� N � N + + } t umi Y' _1' N 4 �, a , e ° a' a m w m n- c - �� tki. E ,o .. Vim. w • vfl _ m ' ,� y 1 en iN �, m CV • 11. - • �. ,r N rcv y {, , co iihriabfr • r� r N _Asir, . w "� m " 3, m u m m ✓ N 4 ��, a. me x.r ,O H -N b31r O a _{ • Z '' Nil IO ... ".`a ��•I < 01 • Ln `' SII*a .4 O ...X Y m m m. Z r ex ,, '-� In o o N m en,• e \ ® eg N '� to m r i N o / \ m Ey `1 1331 Li,INA' 91®495 aillIMIIIIIIIIIIIIIL • • U.S. DEPARTMENT OF AGRICULTL SOIL CONSERVATION SERVICE WELD COUNTY. SOUTHE SOIL LEGEND SYMBOL NAME SYMBOL NAME 1 Altvan loam.0 to l percent slopes 44 Olney loamy sand. 1 l0 3 percent slopes CU LTU 2 Altvan loam,1 to 3 percent slopes 45 Olney Loamy sand.3 to 5 percent slopes 3 Apuolls and Aouenls.gravelly substratum 46 Olney line sandy loam.0 to 1 percent slopes 4 Apuolls and Apuepts,flooded >47 Olney fine sandy loam. 1 to 3 percent slopes BOUNDARIES 5 Ascalon sandy loam. 1 to 3 percent slopes 48 Olney line sandy loam,3 tp 5 percent slopes 6 Ascalon sandy loam,3 to 5 percent slopes 49 Osgood sand.O l0 3 percent slopes National,slate cr 7 Ascalon sandy loam,5 l0 9 percent slopes 50 Otero sandy loam.0 to t percent slopes 8 Ascalon loam.0 to 1 percent slopes 51 Otero sandy loam.1 to 3 percent slopes 9 Ascalon loam.1 to 3 percent slopes 752 Otero sandy loam.3 l0 5 percent slopes County or parish 53 Otero sandy loam.5 to 9 percent slopes 10 BanKard sandy loam,0 to 3 percent slopes 11 Bresser sandy loam.0 to I percent slopes 54 Paoli loam.0 l0 1 percent slopes Minor civil divisic 12 Bresser sandy loam. l to 3 percent slopes 55 Paoh toam, t l0 3 percent stones Reservation (not 13 Cascalo gravelly sandy loam.5 to 20 percent slopes 56 Renohill clay loam.0 to 3 percent slopes 14 Colby loam.0 to 1 percent slopes 57 Aerialist!clay loam.3 to 9 percent slopes state forest or IS Colby loam,l l0 3 percent slopes and large awn( 16 Colby loam,3 to 5 percent slopes 58 Shingle loam. l to 3 percent slopes 17 Colby loam,5 to 9 percent slopes 59 Shingle loam.3 to 9 percent slopes IS ColbtAdena loamy.3 to 9 percent stapes 60 Shingle-Renonnl complex.3 to 9 percent slopes Land gram 19 Colombo Clay loam.0 to 1 percent slopes 20 Colombo clay loam, 1 10 3 percent slopes 61 Tassel tine sandy loam.5 to 20 percent slopes Limn of soil sure 62 Terry one sandy loam.0 to 3 percent slopes 21 Dacono clay loam.0 to 1 percent slopes 63 Terry tine sandy loam.3 to 9 percent slopes 22 Dacono play loam, l l0 3 percent slopes 64 Thedalund loam. 1 to 3 percent stones Field sheet mate 65 Thedalund loam.3 to 9 percent slopes 23 Fort Coins loam,0 to 1 percent slopes AD HOC BOUNDAF 24 Fort Collins loam.1 to 3 percent slopes 66 Ulm clay loam.0 to 3 percent slopes 67 Ulm clay loam.3 to 5 percent slopes 25 Haverson loam.0 to l percent slopes fie Usuc Tarrwrthents.moderatety steep Small airport.air 26 Haverson loam.1 to 3 percent slopes cemetery,or 27 Helm silty clay. 1 l0 3 percent slopes 69 Valent sand.0 to 3 percent slopes 28 Heldt silty clay.3 to 5 percent slopes 70 Valent sand.3 to 9 percent slopes 71 Valent Loup complex.0 to 9 percent slopes 29 Julesburg sandy loam.0 to 1 percent slopes 72 Vona loamy sand.010 3 percent stapes STATE COORDINA' 30 Julesburg sandy roam, l to 3 percent slopes 73 Vona loamy sand.3 to 5 percent stones 74 Vona loamy sand.5 to 9 percent slopes LAND DIVISION Ct 31 Kim loam.0 to I percent slopes 75 Vona sandy loam.0 to l percent slopes (sections and lam-. �32 Kim loam.1 to 3 percent slopes 76 Vona sandy loam. 1 to 3 percent slopes 33 Kim loam.3 to 5 percent slopes 77 Vona sandy loam.3 to 5 percent slopes ROADS 34 Kim loam.5 to 9 percent slopes 79 Weld loam.O to I percent stapes 35 Loup Baet loam sands.0 to 3 percent slopes 79 Weld loam. 1 to 3 percent slaves D I scalded e meman loamy d scale permit 80 Weid loam.3 l0 5 percent slopes 36 Midway-Shingle complex.5 to 20 percent slopes 81 Wiley Colby comotex.0 to 1 percent shoes Other roads 82 W4ev Colby complex. I to 3 percent slopes 37 Nelson fine sandy roam.0 to 3 percent slopes 83 W4ey Calby complex.3 to 5 percent stapes 38 Nelson tine sandy loam.3 l0 9 percent slopes Trail 39 Nunn roam.0 to 1 percent stapes 40 Nunn loam.1 to 3 percent slopes ROAD EMBLEMS 5 41 Nunn clay loam.0 to 1 percent stapes 42 Nunn clay roam. 1 to 3 percent slopes 43 Nunn loamy sandy.0 to 1 percent slopes Interstate Federal Slate County.farm or RAILROAD POWER TRANSMIt (normally not snc PIPE LINE (normally not sir. FENCE (normally not shh. LEVEES Without road With road With railroad DAMS Large(to scale 910405 Medium or sma WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grama. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grama, buf- redcedaz, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can Lion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into - This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The Proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well a load. Septic tank absorption fields function properly, but suited to this soil. Cultivation to control competing community sewage systems should be provided if the vegetation should be continued for as many years as population density increases. Because of the permeability Possible following planting. Trees that are best suited and of the substratum, sewage lagoons must be sealed. have good survival are Rocky Mountain juniper, eastern Lawns, shrubs, and trees grow well. Capability class I ir- redcedaz, ponderosa pine, Siberian elm, Russian olive, and d hackberry. The shrubs best suited are skunkbush sumac, 32 Kim loam, 1 to 3 percent slopes. lilac, Siberian peashrub, and American plum. This is a deep, Wildlife is an important secondary use of this soil. The we drained soil on smooth plains and alluvial fans at cropland areas provide favorable habitat for ring-necked elevations of 4,900 to 5250 feet. It formed in mixed eolian pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially in areas of intensive agriculture. Range- loam about 12 inches thick. The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be derlying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, depth of 60 inches is pale brown fine sandy loam. managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water capacity is This soil has good potential for urban and recreational high. The effective rooting depth is 60 inches or more. development. Increased population growth in the survey Surface runoff is medium, and the erosion hazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops com- chief limiting soil feature for urban development and road monly grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a load. Septic tank absorption fields function properly, but ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- IIe irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and com- 33—Kim loam, 3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. well drained soil on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. 910415 28 SOIL SURVEY 40 Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should be continued for as many years as drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop- Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities, hazard is low. managing livestock grazing, and reseeding where needed.. In irrigated areas this soil is suited to all crops com- This soil has fair to poor potential for urban develop- monly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass IIe ir- management is essential. Barnyard manure and commer- rigated, IIIc nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. 41—Nunn clay loam, 0 to 1 percent slopes. This is a Most nonirrigated areas are used for small grain. The deep, well drained soil on terraces and smooth plains at soil is summer fallowed in alternate years. Winter wheat elevations of 4,550 to 5,150 feet. It formed in mixed allu- is the principal crop. If the crop is winterkilled, spring vium and eolian deposits. Included in mapping are small, wheat can be seeded. Generally precipitation is too low long and narrow areas of sand and gravel deposits and for beneficial use of fertilizer. small areas of soils that are subject to occasional flooding. Such practices as stubble mulch farming, striperopping, Some small leveled areas are also included. and minimum tillage are needed to control soil blowing Typically the surface layer of this Nunn soil is grayish and water erosion. brown clay loam about 9 inches thick. The subsoil is light The potential native vegetation is dominated by blue brownish gray clay loam about 14 inches thick. The upper grama. Several mid grasses, such as western wheatgrass part of the substratum is clay loam. The lower part to a and needleandthread, are also present. Potential produc- depth of 60 inches is sandy loam. tion ranges from 1,600 pounds per acre in favorable years Permeability is moderately slow. Available water to 1,000 pounds in unfavorable years. As range condition capacity is high. The effective rooting depth is 60 inches deteriorates, the mid grasses decrease; blue grama, buf- or more. Surface runoff is slow, and the erosion hazard is falograss, snakeweed, yucca, and fringed sage increase; low. and forage production drops. Undesirable weeds and an- This soil is used almost entirely for irrigated crops. It nuals invade the site as range condition becomes poorer. is suited to all crops commonly grown in the area, includ- Management of vegetation on this soil should be based ing corn, sugar beets, beans, alfalfa, small grain, potatoes, on taking half and leaving half of the total annual produc- and onions. An example of a suitable cropping system is 3 tion. Seeding is desirable if the range is in poor condition. to 4 years of alfalfa followed by corn, corn for silage, Sideoats grama, little bluestem, western wheatgrass, blue sugar beets, small grain, or beans. Few conservation prac- grama, pubescent wheatgrass, and crested wheatgrass are tices are needed to maintain top yields. suitable for seeding. The grass selected should meet the All methods of irrigation are suitable, but furrow ir- seasonal requirements of livestock. It can be seeded into rigation is the most common. Barnyard manure and com- a clean, firm sorghum stubble, or it can be drilled into a mercial fertilizer are needed for top yields. firm prepared seedbed. Seeding early in spring has Windbreaks and environmental plantings of trees and proven most successful. shrubs commonly grown in the area are generally well Windbreaks and environmental plantings of trees and suited to this soil. Cultivation to control competing shrubs commonly grown in the area are generally well vegetation should be continued for as many years as suited to this soil. Cultivation to control competing possible following planting. Trees that are best suited and 910495 32 SOIL SURVEY are Rocky Mountain juniper, eastern redcedar, ponderosa ble years to 1,800 pounds in unfavorable years. As range pine, Siberian elm, Russian-olive, and hackberry. The condition deteriorates, the sand bluestem, sand reedgrass, shrubs best suited are skunkbush sumac, lilac, and Siberi- and switchgrass decrease and blue grama, sand dropseed, an peashrub. and sand sage increase. Annual weeds and grasses invade Wildlife is an important secondary use of this soil. The the site as range condition becomes poorer. cropland areas provide favorable habitat for ring-necked Management of vegetation on this soil should be based pheasant and mourning dove. Many nongame species can on taking half and leaving half of the total annual produc- be attracted by establishing areas for nesting and escape tion. Seeding is desirable if the range is in poor condition. cover. For pheasants, undisturbed nesting cover is essen- Sand bluestem, sand reedgrass, switchgrass, sideoats tial and should be included in plans for habitat develop- grama, blue grama, and pubescent wheatgrass are suita- ment, especially in areas of intensive agriculture. ble for seeding. The grass selected should meet the Rapid expansion of Greeley and the surrounding area seasonal requirements of livestock. It can be seeded into has resulted in urbanization of much of this Olney soil, a clean, firm sorghum stubble, or it can be drilled into a This soil has good potential for urban and recreational firm prepared seedbed. Seeding early in spring has development. The only limiting feature is the moderately proven most successful. rapid permeability in the substratum, which causes a Windbreaks and environmental plantings are generally hazard of ground water contamination from sewage suited to this soil. Soil blowing, the principal hazard in lagoons. Lawns, shrubs, and trees grow well. Capability establishing trees and shrubs, can be controlled by cul- class I irrigated. tivating only in the tree row and by leaving a strip of 47 Olney fine sandy loam, 1 to 3 percent slopes. vegetation between the rows. Supplemental irrigation is is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival Included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- pine, Siberian elm, Russian-olive, and hackberry. The eluded. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically the surface layer of this Olney soil is grayish an peashrub. brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important secondary use of this soil. The is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable habitat for ring-necked about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low, land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all crops com- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area ple of a suitable cropping system is 3 to 4 years of alfalfa has resulted in urbanization of much of the Olney soil. followed by corn, corn for silage, sugar beets, small grain, This soil has good potential for urban and recreational or beans. Land leveling, ditch lining, and installing development. The only limiting feature is the moderately pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes a methods of irrigation are suitable, but furrow irrigation is hazard of ground water contamination from sewage the most common. Barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow welL Capability tilizer are needed for top yields. subclass Ile irrigated, IVe nonirrigated; Sandy Plain: In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes, winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations o1 per acre. The soil is summer fallowed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have If too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Olney soil is grayisl Terracing also may be needed to control water erosion. brown fine sandy clay loam about 8 inches thick. The sub The potential native vegetation on this range site is soil is yellowish brown and very pale brown fine sand: dominated by sand bluestem, sand reedgrass, and blue loam about 12 inches thick. The substratum to a depth o grama. Needleandthread, switchgrass, sideoats grama, 60 inches is very pale brown, calcareous fine sandy loam. and western wheatgrass are also prominent. Potential Permeability and available water capacity arf production ranges from 2,200 pounds per acre in favora- moderate. The effective rooting depth is 60 inches o 91©4' 5 r • WELD COUNTY, COLORADO, SO ERN PART 35 and switchgrass decrease and blue grams., sand dropseed, should be grown at least 50 percent of the time. Contour and sand sage increase. Annual weeds and grasses invade ditches d corrugations can be used in irrigating close the site as range condition becomes poorer. grown c s and pasture. Furrows, contour furrows, and Management of vegetation on this soil should be based cross slo furrows are suitable for row crops. Sprinkler on taking half and leaving half of the total annual produc- irrigation is also desirable. Keeping tillage to a minimum tion. Seeding is desirable if the range is in poor condition. and utif g crop residue help to control erosion. Main- Sand bluestem, sand reedgrass, switchgrass, sideoats taining f ility is important. Crops respond to applica- grama, blue grams, pubescent wheatgrass, and crested tions of p osphorus and nitrogen. wheatgrass are suitable for seeding. The grass selected The p tential native vegetation on this site is should meet the seasonal requirements of livestock. It can dominate by sand bluestem, sand reedgrass, and blue be seeded into a clean, firm stubble, or it can be drilled grams. eedleandthread, switchgrass, sideoats grama, into a firm prepared seedbed. Seeding early in spring has and wes rn wheatgrass are also prominent. Potential proven most successful. productio ranges from 2,200 pounds per acre in favora- Windbreaks and environmental plantings are generally ble years to 1,800 pounds in unfavorable years. As range suited to this soil. Soil blowing, the principal hazard in condition eteriorates, the sand bluestem, sand reedgrass, establishing trees and shrubs, can be controlled by cul- and switc grass decrease, and blue grama, sand dropseed, tivating only in the tree row and by leaving a strip of and sand ge increase. Annual weeds and grasses invade vegetation between the rows. Supplemental irrigation the site range condition becomes poorer. may be needed at the time of planting and during dry Manag ment of vegetation on this soil should be based periods.Trees that are best suited and have good survival on taking half and leaving half of the total annual produc- are Rocky Mountain juniper, eastern redcedar, ponderosa tion. S ing is desirable if the range is in poor condition. pine, Siberian elm, Russian-olive, and hackberry. The Sand bl estem, sand reedgrass, switchgrass, sideoats shrubs best suited are skunkbush sumac, lilac, and Siberi- grams, b ue grama, pubescent wheatgrass, and crested an peashrub. wheat s are suitable for seeding. The grass selected Wildlife is an important secondary use of this soil. should m et the seasonal requirements of livestock. It can Ring-necked pheasant, mourning dove, and many non- be seede into a clean, firm sorghum stubble, or it can be game species can be attracted by establishing areas for drilled ' to a firm prepared seedbed. Seeding early in nesting and escape cover. For pheasants, undisturbed spring h proven most successful. nesting cover is essential and should be included in plans Windb aka and environmental plantings are generally for habitat development, especially in areas of intensive suited to this soil. Soil blowing, the principal hazard in agriculture. establish g trees and shrubs, can be controlled by cul- Rapid expansion of Greeley and the surrounding area tivating my in the tree row and by leaving a strip of has resulted in urbanization of much of this Otero soil. vegetati between the rows. Supplemental irrigation This soil has excellent potential for urban and recrea- may be eeded at the time of planting and during dry tional development. The only limiting feature is the periods. rees that are best suited and have good survival moderately rapid permeability in the substratum, which are Roc Mountain juniper, eastern redcedar, ponderosa causes a hazard of ground water contamination from pine, Si erian elm, Russian-olive, and hackberry. The sewage lagoons. Lawns, shrubs, and trees grow well. shrubs b st suited are skunkbush sumac, lilac, and Siberi- Capabiiity subclass IIIe irrigated, IVe nonirrigated; an peash b. dy ' 'ns range site. Wild ' is an important secondary use of this soil. 52—a tero sandy loam, 3 to 5 percent slopes. This is a Ring-nee ed pheasant, mourning dove, and many non- well drained soil on plains at elevations of 4,700 to game sp ties can be attracted by establishing areas for 5,250 feet. It formed in mixed outwash and eolian nesting nd escape cover. For pheasants, undisturbed deposits. Included in mapping are small areas of soils that nesting ver is essential and should be included in plans have loam and clay loam underlying material. Also in- for habi t development, especially in areas of intensive eluded are small areas of soils that have sandstone and agricult . shale within a depth of 60 inches. Rapid expansion of Greeley and the surrounding area Typically the surface layer of this Otero soil is brown has res ted in urbanization of much of this Otero soil. sandy loam about 10 inches thick.The underlying material The soil as excellent potential for urban and recreational to a depth of 60 inches is pale brown calcareous fine develop ent. The only limiting feature is the moderately sandy loam. rapid rmeability in the substratum, which causes a Permeability is rapid. Available water capacity is hazard f ground water contamination from sewage moderate. The effective rooting depth is 60 inches or lagoons. Lawns, shrubs, and trees grow well. Capability more. Surface runoff is medium, and the erosion hazard is subclass IIIe irrigated, VIe nonirrigated; Sandy Plains low. range si e. This soil is used almost entirely for irrigated crops. It 53—O ero sandy loam, 5 to 9 percent slopes. This is a is suited to the crops commonly grown in the area. deep, w 11 drained soil on plains at elevations of 4,700 to Perennial grasses and alfalfa or close growing crops 5,250 f et. It formed in mixed outwash and eolian 910495 The printed portions er this form approved h) the Colorado Ned Est ale Commission(Clip-2-SI I THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOU.LEGAL,TAX ON OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. COUNTERPROPOSAL A i . �^R�E::�Prroposed contract for the purchase of property described as: ..2114.742.7e,-,-e.Le s--' z 7;1t.'t_ �Z 5�'aj c. dGC-Gr„..Z3� � SIL��r��,-t,-'.Scf et(Ai/./4'( 4iuJir /-c CCC-Cav-� ZS �(1� -"- a Aint4fs. cis Rg ,a "), -Tt, [-4/, iy. t: /a! ,frii., 6. thPM . also known as number • ti 7 3S".,Z a.. r g. 1- i fry;iv c.- ,e. .'- PA ., 3"C rl O situated in the au c`,�J��— Count of '• Color-ado,dated (�Q�',"y44 1 1 Cr"- ,19 f/ between JLla i ' C. 4 Ku S � f'• .1-I r v^ -aj ,Seller, /1�l',' a6d r-4.- n.n u/�. .:u.t P ,�-.,..it..-f.__:" - J-�:�tl.l.,.,,: . .Purchaser,(�'�l alh The undersigned�Se,,ll r ce�p/ts said)proposed contr t,subject to the following amendments: ,.r�� or G'a:. ,tct! t✓0 to ......144--rfa.r ' �, fouxa..� ....,7,17,._„,t, . ct,) i:?wcc i. i ((II �(�tN(.t -Yir-r'+:rc('t.r� �r.A Cr-✓.�.'--, /-ItC G.r -✓-t:•.r c-E.a-e-/�t� {{ ink Gr.(: a4,4 L.T. ...-r,,,c: 7 7 —} -ht.�uf L /-��' ..„,.....en,-21/-4iu- iI k. .4-t-ct-SsC..w--IL -12-11-0 •1 cci / ' -L.ti ��4e;&frataC J u. �, c 41.��- l ii l �� err ec.,O 71 r `^q'� .1.--ca- .--c 'f .T..1 i),�-•;-.`.;.�--��/ .Z./ �':: �-C�r.L-GL;itn,{/ e V '��c/If.rl.�r4 _ / J I' tlt' .t.t.tali r-t w± �..t l..1C L-! C[L.L..--t. _ ,. / ''yam- :,�t-t-.t�'7 t...� ttLl/_C'4vt �Q�lr .l't�� ✓t / V / / �. / C-c'z l .�t.��,R�.' �-c-ri -l-ct-c�� U �•-. Li-.t. /I`—�t.c-t_C-1 t.' .� .�.y ,tL<. ,...-44.4.4e...41.-01,,,. I' J Y I�A�� „9 T. ..- .-„A J f �� — , �L(1 1Y fait . �� ,) �N.-Itc-c ._._3�) �, -tx.( , �t..l / ILL- EX 362,....00 0, a�t,P�42_ 0e, o, All other terms and conditions shall remain the same.If this counterproposal is accepted by Purchaser,as evidenced iI by Purchaser's-signature hereon,and if Seller receives notice of such acceptance on or before P-9121-14.O try /Y Olirrti 19 9r,the said proposed contract,as amended hereby,shall become a contract between the parties. /yam T s Seller --_ f .Seller• The foregoi • • n counterpr osa/l)"s cepted this / //d -o ,1 tX . Purrhu�y�• / sae . If this counterproposal is accepted by Purchaser as aforesaid, Seller agrees to pay listing broker a commission of f/Gs• ge of the purchase price for services in this transaction,and agrees that,in the event of forfeiture •I of payments and things of value received hereunder and under said proposed contract, such payments and things of value shall be divided between Seller and listing broker, one-half thereof to said broker, but not to exceed the commission,and the balance to Seller. ' illa<G��a , fiik/ --k(AQ—A Seller Se lle.r 'N.B.When this counterproposal is used,said proposed contract is not to be signed by Seller. I( • This counterproposal must be securely attached to said proposed contract. (.- 1 04355 No.CPd0.1-R1. Cl C,CIERPROPOSAL. bradbd Puhll.hmr Co.5A'5 W Mh Mr..I.:At-omit ColorNo alCN Iil15125i.twn rash NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # Robert & Olga W. Lorenz 4945 Gray St . 0807-23-0-00-025 Denver, CO 80212 Shirley E . & Merrill E. 225 10th Street 0807-23-0-00-042 Tregoning, James William & Windsor, CO 80550 Margaret M. Mathews Marlyn R. Tienne 10481 WCR 66 0807-23-0-00-015 Windsor, CO 80550 Public Service Company "No address listed" 0807-23-0-00-017 Ruth Winder & Erna W. 428 29th Avenue 0807-23-0-00-018 Butler Greeley, CO 80631 Ruth Winder & Erna W. 428 29th Avenue 0807-24-0-00-019 Butler Greeley, CO 80631 Maurice A. Rust 3102 S. Fillmore St . 0807-24-0-00-020 Denver, CO 80210 Alice Swanson 701 6th Street #8A 0807-24-0-00-024 Windsor, CO 80550 ®x^15 �. - AFFIDAVIT OF INTEREST OWNERS MINERALS AND/CR SUBSURFACE Application No. Subject Property Part of NESE* of Section 23, Township 6 North, Range 67 West Rust Property - Timothy Stutzman, Applicant STATE OF COLORADO ) ss. COUNTY OF WELD } THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subiect of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. " o Timothy Stuz n, Ap licant The foregoing instrument was subscribed and sworn to before me this 7-/i.---day of March , 19 91 , By Timothy Stutzman, as Applicant. WITNESS my hand and official seal. My Commission expires: r) 19 - 9 j Nota y)Public 251 r.A ®� 1 NAMES OF OWNERS OF MINERALS WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, OIL, GAS, MINERAL OWNER STATE AND ZIP CODE MINERAL INTEREST Maurice and Esther Rust 3102 S. Fillmore St . 25% Denver, CO 80210 George E . and Lydia 27266 Weld County Rd . 49 1/2 25% Hettinger Greeley, CO 80631 Dellsmore E. Anderson 2126 23rd Street 20% Greeley, CO 80631 Hazel L. and Vernon Box 332 7 1/2% Pearson Ault , CO 80610 Paul and Dorothy Franson 2816 W. 12th St . Rd . 7 1 /2% Greeley, CO 80631 Gladys and Lennart A. 2209 13th Street 7 1/2% Mellin Greeley, CO 80631 Mae L. and James E . 6415 28th Street 7 1/2% Luttrell Greeley, CO 80631 Hello